Meeting Minutes for Public Hearing Meeting (03/18/2000)

Public Hearing Meeting
Saturday, March 18, 2000 - - 9:30 a.m.

* * * * *

Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, Acting City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Sanderson, Director of Real Estate Assessments; Ms. O'Regan, Director of Human Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner, Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Ms. Plemmer, Assistant City Manager; Mr. Jinks, Director of Financial and Information Technology Services; Mr. Baier, Director of Transportation and Environmental Services; Fire Chief Hawkins; Mr. Ruller, Deputy Director of Transportation and Environmental Services; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Skrabak, Chief, Environmental Health; Planning Commissioner Wagner; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.

* * * * *

OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.

2. Public Discussion Period.

(a) Clarice Chandler, member of Patrick Henry Parent Board, spoke against the Before and After School Pilot Program. She directed questions to the Members of City Council.

Mayor Donley and Members of Council, Recreation, Parks and Cultural Activities Director Whitmore and Human Services Director O'Regan responded to the concerns raised by Ms. Chandler.

(b) James Faulk, member of Patrick Henry Parent Board, also spoke against and expressed concerns about the Before and After School Pilot Program to be held at the Samuel Tucker School.

Mayor Donley addressed Mr. Faulk's concerns.

(c) George Kundahl, 1377 North Pegram Street, member of The Committee to Save the Lee Boyhood Home, spoke to the sale of the Robert E. Lee Boyhood Home and to the closing of the house museum to the public.

(A copy of Mr. Kundahl's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(c); 3/18/00, and is incorporated herewith as part of this record by reference.)

(d) Ann L. Graham, 7105 Scenic Creek Place, Fairfax Station, VA, member of The Committee to Save the Lee Boyhood Home, emphasized the historical as well as the financial importance of the Boyhood Home to the City.

(A copy of Ms. Graham's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(d); 3/18/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley, Members of Council, and the City Manager spoke to the recent sale of the Lee Boyhood Home, none of whom had known that it had been sold until after the fact. Mayor Donley and City Manager Sunderland spoke to the Attorney General's intervention to see whether or not this transaction and the proceeds from the transaction are consistent with, or not consistent with, the fiduciary obligation and the public trust that the Foundation had with respect to the property, and indicated that they will be meeting with representatives of the Attorney General's Office to discuss their review of the transaction.

(e) Helen Miller, 1301 Queen Street, gave the history of the establishment of the Campagna Center's day care center. In addition, she spoke to parking near Hopkins House which really is not Hopkins House's problem.

(f) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR(3-17)

Planning Commission

Without objection, City Council removed docket item nos. 13 and 16 from the Action Consent Calendar and considered them under separate motions.

3. CITY CHARTER, SECTION 9.06; CASE #2000-0001 -- BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties. Staff: City of Alexandria, Office of Housing.

2921 Landover Street

409 Mount Vernon Avenue

414 North Payne Street

106 East Reed Avenue

COMMISSION ACTION: Approved 6-0

(A copy of the City Manager's memorandum dated March 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated March 7, 2000, together with a copy of the City Manager's memorandum dated February 11, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 3/18/00, and is incorporated herewith as part of this record by reference.)

4. DEVELOPMENT SPECIAL USE PERMIT #99-0059 -- 6346 STEVENSON AV -- STEVENSON TOWNES -- Public Hearing and Consideration of a request for a development special use permit amendment to allow a larger deck on townhouse units; zoned RB/Residential. Applicant: Jordan Carr Homes, by Robert J. Test, attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/18/00, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0152 -- 2000 DUKE ST -- TIME-LIFE BUILDING - CARLYLE -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Time-Life Inc., by Miguel Penagos, and Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/18/00, and is incorporated herewith as part of this record by reference.)

14. STREET NAME; CASE #2000-001 -- CAMERON STATION SITE -- Public Hearing and Consideration of a request to name streets bordering and within Cameron Station. (Changing the name of a portion of Edsall Road south of Pickett Street to Cameron Station Boulevard)

COMMISSION ACTION: Approved 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/18/00, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #2000-0011 -- 1851 BALLENGER AV -- CARLYLE SITE, BLOCK H -- Public Hearing and Consideration of a request for a special use permit for a parking reduction, lots without frontage, and to allow a temporary sales trailer; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: EYA Development Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/18/00, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #2000-0014 -- 805 BASHFORD LA -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a nonconforming dry cleaning establishment; zoned RB/Residential. Applicant: Mi Hwan Park.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/18/00, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item nos. 13 and 16 which were considered under separate motions. The recommendations are as follows:

3. City Council approved the Planning Commission recommendation; and approved the City Manager's recommendations as follows: City Council (1) removed 409 Mt. Vernon Avenue from the list of properties proposed for addition to the List of Blighting Influences. This property is located in the Potomac West Rehabilitation District [See City Manager's memorandum dated March 16, 2000.]; (2) approved the addition and deletion of the properties listed on pages 2 and 3 of the memorandum to the currently approved List of Blighting Influences in Potomac East and Potomac West; (3) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the Potomac East and Potomac West properties to be added to the List; and (4) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation.

14. City Council approved the Planning Commission recommendation.

15. City Council approved the Planning Commission recommendation.

17. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

13. SPECIAL USE PERMIT #99-0161 -- 2320 JEFFERSON DAVIS HY -- EXXON STATION -- Public Hearing and Consideration of a special use permit review for an automobile service station with a convenience store and a restaurant; zoned I/Industrial. Applicant: Exxon Corporation, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/18/00, and is incorporated herewith as part of this record by reference.)

Cathy Puskar, 3422 Old Dominion Boulevard, attorney representing the applicant, requested that condition #36 pertaining to lighting be deleted.

Eric Wagner, Planning Commission member, indicated that there were members of the Commission who independently from their own drive-bys of the site at night had raised the same concern, and he felt that is why the Commission adopted that particular element of the recommendation.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

16. SPECIAL USE PERMIT #2000-0008 -- 604 WOLFE ST -- Public Hearing and Consideration of a request for a special use permit for a commercial school and off-street parking reduction; zoned CD/Commercial Downtown. Applicant: Remediation and Training Institute, by Patrick H. Butler, III.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/18/00, and is incorporated herewith as part of this record by reference.)

Pat Butler, 400 Woodland Terrace, representing the Historic Alexandria Foundation and the Remediation and Training Institute, as a trustee and as a consultant, spoke in support and assured Council, both because of their contract with the City and their contracts involving funding from the State of Virginia and the federal government, that there is no likelihood that the Academy will ever leave the public sector or its current educational use. He indicated that this is a project that was done by private citizens on behalf of the City and thinks that it is a model for similar programs in the future.

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Walker "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Without objection, City Council considered docket item nos. 18, 19 and 20 together and under one motion.

18. MASTER PLAN AMENDMENT #99-0012 -- REZONING #99-0012 -- 1224 PRINCESS ST -- HOPKINS HOUSE -- Public Hearing and Consideration of a request for amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from RM/Residential to RH/Residential and request to change the zoning designation of the subject property from RB/Residential to RC/Residential, with a proffer. Applicant: Hopkins House, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/18/00, and is incorporated herewith as part of this record by reference.)

19. SPECIAL USE PERMIT #99-0092 -- 1218-1224 PRINCESS ST-- HOPKINS HOUSE -- Public Hearing and Consideration of a request for a special use permit to expand the existing preschool use (physical expansion) with site plan modifications of the zone transition setback and yard requirements; zoned RB/Residential. Applicant: Hopkins House, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/18/00, and is incorporated herewith as part of this record by reference.)

20. SPECIAL USE PERMIT #99-0148 -- 1224 PRINCESS ST -- HOPKINS HOUSE -- Public Hearing and Consideration of a request for a special use permit amendment to expand the existing preschool use (number of children); zoned RB/Residential. Applicant: Hopkins House - A Center for Children and Their Families, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated March 9, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 18, 19, 20; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of the letter of agreement dated March 17, 2000, signed by representatives of Hopkins House and the Inner City Civic Association, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 18, 19, 20; 3/18/00, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille disclosed that he does serve as a Board Member of Hopkins House, Inc.; however, he will be participating in the discussion and vote on these items.

Councilman Speck assumed that Hopkins House in the interest of saving on supply costs has not reprinted its stationery and disclosed that he is still listed as a trustee on Hopkins House's stationery; however, he has not been a trustee for a couple of years.

The following persons participated in the public hearing on these items:

Glenn Hopkins, representing Hopkins House, presented the application and announced that the Hopkins House preschools were accredited this week by the National Association for the Education of Young Children;

Mark Webster, president, Inner City Civic Association, spoke to the compromise between Hopkins House and the Inner City Civic Association, and is pleased to endorse these applications; however, they feel strongly that the proffer attached to the rezoning application provides no precedent for other similar applications from other institutions in their neighborhood;

Mary Catherine Gibbs, speaking on behalf of Hopkins House for her father, Harry P. Hart, attorney for the applicant, stated that the hours should be from 7:00 a.m. to 6:00 p.m., and spoke in support;

Hilary Kruger, 1308 Oronoco Street, spoke to the parking problem;

Debra Sabourin, 1212 Princess Street, read a letter from Sandy Stancil, 1214 Princess Street, in which she thanked Hopkins House for resolution of most of the neighborhood concerns, most especially the noise problem, and their willingness to work with the neighbors; however, for many neighbors, parking is a problem and needs to be addressed;

Ms. Sabourin also expressed a concern about parking;

Lorissa Bounds, 1206 Princess Street, thanked the people who were involved in the resolution of issues;

Kenya Turner, 401 East Alexandria Avenue, representing Hopkins House, spoke in support;

Kesha James, 1107 Princess Street, representing Hopkins House, spoke in support;

Inez D. Brown, 3306 Landover Street, spoke in support since they provide quality child care to her son; and

Elsie Taylor-Jordan, 3513 Wilson Avenue, spoke in support.

Mayor Donley suggested that at a future Inner City Civic Association meeting that there be representatives from the Police Department and Transportation and Environmental Services to help provide a forum to discuss and to provide some solutions to the parking issue. Hopkins House should be invited to participate in this forum.

Vice Mayor Euille stated that the whole parking issue needs to be revisited and reconsidered in terms of improving parking enhancements. He noted that in the Boys and Girls Club block that the reason the street is narrow and there is parking on just one side is because on one side of the street the sidewalk extends out into the street. He stated that you could cut off five or six feet of that sidewalk and widen that street. He noted that is costly, but it is something that can be considered and could provide parking on both sides of the street as a result.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, City Council approved the recommendations for item nos. 18, 19, and 20, as follows:

18. City Council approved the Planning Commission recommendation.

19. City Council approved the Planning Commission recommendation.

20. City Council approved the Planning Commission recommendation incorporating the agreement letter dated March 17, 2000, signed both by Hopkins House and the Inner City Civic Association on the five items that they have agreed upon, and included the change to condition #4 with respect to changing the 8:00 a.m. arrival time to 7:00 a.m. as requested by the applicant. The voting was as follows:

Euille "aye" Cleveland "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"

21. TEXT AMENDMENT #2000-0005 -- PROHIBITION ON EMERGENCY -- VEHICLE EASEMENTS AS OPEN SPACE -- PROHIBITION ON ROADS WITHIN LOTS -- Public Hearing and Consideration of amendments to section 2-180 (Definition of open space) and Section 1-400 (B)(3)(d) (Interpretation of zone regulations) of the zoning ordinance to provide additional open space in development.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 3/18/00, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Poul Hertel, 1212 Michigan Court, representing Northeast Citizens Association, spoke in support;

Katy Cannady, 20 East Oak Street, spoke in support; and

Mary Catherine Gibbs, speaking in behalf of Harry P. Hart, attorney for the applicant, requested that it apply to all applications submitted after March 1, 2000.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the text amendment, referred it to the City Attorney's Office for the preparation of an ordinance and that it would apply to all applications submitted after March 1, 2000. The voting was as follows:

Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"

22. Reconsideration of Council's Decision on Special Use Permit #99-0159 for the property at 111 Franklin Street. (#19 3/14/00; #8 2/12/00) [Note: City Council will decide on Tuesday, March 14, 2000, if this item will be brought forward to the Saturday Public Hearing Meeting.] [See Docket Item Nos. 32 and 33.]

(A copy of the City Manager's memorandum dated March 10, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated February 1, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of Council Member Rich's Transactional Disclosure Statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 22; 3/18/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 22; 3/18/00, and is incorporated herewith as part of this record by reference.)

Council Member Rich stated for the record that he has a conflict of interest. After a discussion with the City Attorney, it was determined that he was precluded from participation in this and, therefore, recused himself.

The following persons participated in the public hearing on this item:

Duncan W. Blair, 112 South Alfred Street, representing the applicant, spoke to the reason that his client needs the change in condition nos. 1 and 8;

Frances T.H. Hallihan, 104 Pommander Walk, speaking on behalf of 14 of the 22 households on the 100 blocks of Pommander and Franklin and the 600 block of Franklin, spoke against;

Robert Gants, 103 Pommander Walk, representing Pommander Walk Civic Association, requested language with respect to limitation on occupancy of the building, and hours;

Mark Feldheim, 1215 Prince Street, representing Old Town Civic Association, spoke against applicant's request for modifications;

Becky Ellis, Pommander Walk, spoke in support;

Dick Amadd, 8 Alexander Street, spoke in support;

Margaret Miller, 600 South Lee Street, Realtor handling the transaction, spoke in support; and

Michael P. Jamerez, 100 Pommander Walk, spoke against.

There was considerable discussion by the Members of City Council, Attorney Blair, Applicant Boggs, Planning and Zoning Director Lynn, Planning and Zoning Deputy Director Ross and City Manager Sunderland.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Councilman Cleveland to delete condition no. 1 and replace it with the language that Mr. Blair has suggested and also to delete condition no. 8(b).

There was discussion on the motion and Council requested the applicant, a representative of the opponents, Planning and Zoning Director Lynn, City Manager Sunderland and Acting City Attorney Pessoa to get together to try to come up with language that is agreeable to all parties.

At this point, Council held the motion in abeyance until they come back with amended language.

After consideration of docket item no. 25, Council returned to the motion on the table made by Councilwoman Pepper and seconded by Councilman Cleveland for docket item no. 22.

Councilman Speck offered a friendly amendment to condition #1 to read as follows: #1. This Special Use Permit shall govern the use of the Property as a noncomplying business or professional office use with no greater zoning impacts than applicant's use, and Special Use Permit conditions 2, 3, 4, 5, 6, 7, and 8, etc.; which friendly amendment was accepted by the maker and seconder of the motion. The motion now reads as follows:

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council deleted the condition #1 that Council had earlier approved and replaced it with the language Mr. Blair had suggested, and amended it to read as follows: "#1. This Special Use Permit shall govern the use of the Property as a noncomplying business or professional office use with no greater zoning impacts than applicant's use, and Special Use Permit conditions 2, 3, 4, 5, 6, 7, and 8 shall be binding on the Applicant, and the Applicant's successors, assigns and tenant[s] and to all future owners of the Property and all future tenants or other persons or entities using or occupying all or any part of the Property. A copy of the Special Use Permit shall be attached to all leases for all or part of the Property and any contracts for the sale of the Property."; and also deleted subsection (b) of condition no. 8. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"

23. SPECIAL USE PERMIT #99-0139 -- 1225 POWHATAN ST -- DIXIE PIG RESTAURANT -- Public Hearing and Consideration of a special use permit review for a nonconforming restaurant; zoned RB/Residential. Applicant: Top Flight Services Inc., by Cathy Kane.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/18/00, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Cathy Kane, 214 North Washington Street, applicant, spoke in support of the application and preferred a longer review period;

Robert Duffett, 201 Park Avenue, Falls Church, VA, representing the owner of the property, spoke in support;

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, spoke in support of the Planning Commission recommendation, and stressed enforcement to prohibit parking in the front of the restaurant;

Sylvia Sibrover, 915 Second Street, felt that the special use permit needs to be maintained as recommended by the Planning Commission; and

Mariella Posey, 915 Second Street, supported the Planning Commission.

Mayor Donley spoke to the parking issue and the public safety issue of having a right-hand turn.

Transportation and Environmental Services Director Baier suggested that within 30 days from the time the City receives the neighborhood's traffic subcommittee plan that they get together with the neighborhood to address the plan regarding the driveway and the issues regarding access from the frontage road in order to move forward with a resolution.

WHEREUPON upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendation with an amendment to condition #23 which reads:"#23. The restaurant shall be reviewed by the Planning Commission and City Council six months after City Council approval." The voting was as follows:

Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

24. SPECIAL USE PERMIT #99-0107 -- 4840 EISENHOWER AV -- BUSH HILL APARTMENTS -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a multi-family development; zoned OCM-100/Office Commercial Medium. Applicant: Eisenhower LLC, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 6-1

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 3/18/00, and is incorporated herewith as part of this record by reference.)

Cathy Puskar, 3422 Old Dominion Boulevard, representing the applicant, was available for questions.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

25. REZONING #99-0015 -- 3101-3231 DUKE ST -- HECHINGER -- COMMONS -- Public Hearing and Consideration of a request for rezoning to remove proffers to allow a grocery store. Applicant: Steuart-Hechinger Commons Shopping Center, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 3/18/00, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Jonathan Rak, 11320 Random Hills Road, Fairfax, VA, attorney for the applicant, spoke in support of the application;

Robert J. Stanton, 1275 Quaker Hill Drive, spoke to proffer nos. 1, 4, and 5 of the special use permit;

Gerry Serody, 1107 Quaker Hill Court, stated that the extension of the fence should happen and spoke to safety issue pertaining to one-way service road; and

William Dickinson, 805 Quaker Lane, representing Seminary Hill Association, Inc., stated that all are pleased with the agreement pertaining to open space.

Jonathan P. Rak, attorney for the applicant, committed to continue to work with the neighbors to resolve the issues.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the request for a rezoning and removed the proffers prohibiting a grocery store, accepted the proffers as recommended by the Planning Commission, and acknowledged for the record Mr. Rak's representation that they will continue to work with the adjoining property owners regarding the issues of fencing, trash pickup and deliveries. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

At this point, Council returned to the motion for docket item no. 22: See pages 12 and 13 of these proceedings.

26. SPECIAL USE PERMIT #99-0160 -- 3701 MT VERNON AV -- BIRCHMERE -- Public Hearing and Consideration of a request for a special use permit to change the ownership and to change the use to include a second music hall; zoned CDD-6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: Just a Honky Tonk, LC, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated March 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 3/18/00, and is incorporated herewith as part of this record by reference.)

Councilwoman Walker disclosed that she is having a party at the Birchmere during April, and she does not believe that that will affect her vote on this; therefore, she did not recuse herself.

The following persons participated in the public hearing on this item:

Duncan W. Blair, 112 South Alfred Street, attorney for the applicant, spoke to the recommended changes to condition nos. 2 and 33 in his letter dated March 16, 2000, and requested that 29 (b) be deleted; and

Glenda Davis, 3732 Edison Street, representing Hume Springs Citizens Association, spoke in support.

Councilwoman Pepper expressed concern about the parking lot pavement and the fence which needs to be improved in appearance.

Duncan Blair, attorney for the applicant, represented that they will work with Hume Springs Citizens Association with respect to the fence.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, City Council approved the Planning Commission recommendation with the amendments to condition nos. 2 and 33 as suggested by Mr. Blair in his letter dated March 16, 2000, and the amended one-year review by deleting 29 (b), and fixing the fence. The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"

27. SPECIAL USE PERMIT #2000-0012 -- 5245 DUKE ST -- WOK GRILL EXPRESS -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned OCM-50/Office Commercial Medium. Applicant: Long Zhang, by Andy Tu.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 27; 3/18/00, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 27; 3/18/00, and is incorporated herewith as part of this record by reference.)

The applicant was not present for questions.

The following person participated in the public hearing on this item:

Gerry Serody, 1107 Quaker Hill Court, representing tenants in the Landmark Professional Building, spoke against.

Council Member Walker suggested that Transportation and Environmental Services Director Baier be requested to take a look at the parking situation in this lot to see if he could provide some advice on improving it.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council overturned the Planning Commission recommendation and DENIED the special use permit. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"

28. SPECIAL USE PERMIT #2000-0013 -- 107 W GLEBE RD -- ALEXANDRIA VOLKSWAGEN -- Public Hearing and Consideration of a request for a special use permit for expansion of an automobile dealership; zoned CG/Commercial General. Applicant: Ray Burnette Volkswagen, by Robert J. Test, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy Mr. Test's letter dated March 13, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of a petition and photographs submitted by Mr. Gow are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 28; 3/18/00, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Robert J. Test, 401 Wythe Street, attorney representing the applicant, spoke in support and to condition nos. 16 and 17;

Ian Ferguson, 3333 Helen Street, spoke against and expressed concerns about parking; and

Allan W. Gow, 14 Leadbeater Street, representing the neighborhood and himself, spoke against and presented Council with a petition containing 20 signatures in opposition to this special use permit.

Council Member Walker suggested that we look carefully at the traffic management in this area.

Council Member Rich spoke to the traffic problems associated with the Mt. Vernon Car Wash, and the possibility of establishing a residential parking permit district.

Mayor Donley spoke to the possibility of making Leadbeater Street one way.

Vice Mayor Euille stated his concern about enforcement problems raised today by citizens. He indicated that while we are going through the context of the budget that this is something that we need to seriously address. He noted that he is not just talking in terms of Planning, but everywhere we need to enforce whether it is Police, T&ES, Fire Department, or Planning and Zoning, we need to react to this. This is becoming a very serious problem and we need to follow through with enforcement of violations.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the special use permit for 90 days and to be brought back for review in June. In the meantime the City will take a look at the issues raised, and Council would appreciate it if Alexandria Volkswagen and some of the other property owners take a look at some of the issues raised. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

ORDINANCES AND RESOLUTIONS

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to change the fares to be charged by taxicabs in the city. (#20 3/14/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 10, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of a joint memorandum dated March 16, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of a petition from Alexandria drivers and owners of Alexandria taxicabs is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 3/18/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

The following persons participated in the public hearing on this item:

Robert Hoar, 3035 Mount Vernon Avenue, representing Alexandria Diamond Cab, spoke in support with modifications;

Jim Yates, 3025 Mount Vernon Avenue, representing Alexandria Yellow Cab, spoke in support of modifications suggested by Mr. Hoar; as did

James Kenneth Assrey, 3706 Mount Vernon Avenue, representing White Top Cab Company.

There was considerable discussion by the Members of City Council and the City Manager.

Councilman Speck requested that these changes be looked at in the context of the City's special programs; i.e., Senior Services and the programs for persons with disabilities to make sure that we are not missing anything in terms of how we're applying those programs.

The only change to the ordinance is subsection 11 authorizing the City Manager to administer a surcharge should conditions warrant and the ordinance will be effective upon its final passage.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-0-1, City Council finally passed the substitute ordinance, as amended, upon its second reading and final passage, and the new fare structure, as suggested by the cab companies, was referred to the Traffic and Parking Board for its consideration. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "abstain"
Donley "aye" Pepper "aye"
Rich "aye"

The substitute ordinance, as amended, finally passed reads as follows:

ORDINANCE NO. 4110

AN ORDINANCE to amend and reordain Section 9-12-132 (AMOUNT OF FARE TO BE CHARGED), of Division 6 (FARES), Article A (TAXICABS AND FOR-HIRE VEHICLES), Chapter 12 (TAXICABS AND OTHER VEHICLES FOR HIRE), Title 9 (LICENSING AND REGULATION), of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-12-132 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (a)(11) to read as follows:

(11) Taximeter fares may be increased by a surcharge authorized by the city manager, in the event that the city manager determines that a sudden increase in the cost of gasoline requires a surcharge to maintain stability in the provision of taxicab services in the city and to prevent the gas cost increase from having a serious adverse financial impact on the drivers of taxicabs. The surcharge shall continue in effect for such period, not to exceed one year, as the city manager shall determine, but may be terminated sooner if the manager determines that the surcharge is no longer warranted. The determination of the city manager shall be based on information provided by taxicab companies, and from such other sources as the city manager deems appropriate. The transportation division of the department of transportation and environmental services will notify each taxicab company in writing of any such surcharge. Such notice shall indicate the amount of the surcharge, and the period during which such surcharge shall be permitted. The hack inspector shall furnish to the driver of each taxicab operated under this article a copy of such notice, which shall be displayed within the vehicle in addition to the rate card required under section 9-12-134.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 3/14/00
First Reading: 3/14/00
Publication: 3/16/00
Public Hearing: 3/18/00
Second Reading: 3/18/00
Final Passage: 3/18/00

* * * * *

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the erosion and sediment control regulations, set out in Title 5, Chapter 4 of the City Code, to conform to changes in state law. (#21 3/14/00) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated March 9, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 3/18/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Rich "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4111

AN ORDINANCE to amend and reordain Chapter 4 (EROSION AND SEDIMENT CONTROL) of Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

CHAPTER 4
Erosion and Sediment Control

Sec. 5-4-1 Definitions.

As used in this chapter, the following terms shall have the meanings set forth below, unless the context requires a different meaning:

(a) "Agreement in lieu of a plan" means a contract between the city and the owner which specifies conservation measures which must be implemented in the construction or modification of a single family residence; this contract may be executed by the Director in lieu of an erosion and sediment control plan.

(b) "Applicant" shall mean any person submitting an erosion and sediment control plan or an agreement in lieu of a plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.

(c) "Erosion and sediment control plan," “conservation plan” or "plan," shall mean a document containing material for the conservation of soil and water resources of an unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan, inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatments. The plan shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

(d) "Director" shall mean the director of transportation and environmental services, his designee or his duly authorized agent.

(e) "Erosion impact source area" shall mean an area of land not associated with current land-disturbing activity but subject to persistent erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.

(f) "Land-disturbing activity" shall mean any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

(g) "Owner" shall mean the owner or owners of the freehold of the premises or of a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee or another person, firm or corporation in control of a property.

(h) "Permittee" shall mean the person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed.

(i) "Person" shall mean any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the commonwealth, interstate body, or other legal entity.

(j) "Plan-approving authority" shall mean the department of transportation and environmental services which shall be responsible for determining the adequacy of a plan submitted for land-disturbing activities on an unit or group of units of lands and for approving plans.

(k) "State waters" shall mean all waters on the surface and or wholly or partially underground that is within or bordering the commonwealth or that is within the jurisdiction of the commonwealth.

Sec. 5-4-1.1 Approved erosion and sediment control plan required - construction of buildings.

Except as provided in section 5-4-5 of this code, it shall be unlawful for any persons to construct or erect any building or structure on any land within the city unless there is in force an approved erosion and sedimentation control plan issued under the provisions of this chapter.

Sec. 5-4-2 Same - enlargement of buildings.

Except as provided in section 5-4-5 of this code, it shall be unlawful for any person to alter any building or structure on any land within the city in such manner as to change the land area covered by the building or structure unless there is in force an approved erosion and sedimentation control plan issued under the provisions of this chapter.

Sec. 5-4-3 Same - change or disturb terrain.

(a) Except as provided in section 5-4-5 of this code, it shall be unlawful for any person to clear, grade, excavate, fill, remove topsoil from or change the contour of any land in the city unless there is in force an approved erosion and sedimentation control plan issued under the provisions of this chapter.

(b) Except as provided in section 5-4-5 of this code, it shall be unlawful for any person to remove or destroy trees, shrubs, grass, weeds, vegetation, ground cover or other plant life on any land in the city unless there is in force an approved erosion and sedimentation control plan issued under the provisions of this chapter.

Sec. 5-4-3.1 Same - erosion impact source area.

Notwithstanding any contrary provision of this chapter, it shall be unlawful for any property owner to fail, neglect or refuse to implement a conservation plan, approved by the director, and within such reasonable time as the director shall specify, for any land designated by the director as an erosion impact source area.

Sec. 5-4-4 Compliance with approved plan.

(a) It shall be unlawful for any person to construct, erect or alter any building or structure for which an approved erosion and sedimentation control plan is required by this chapter, except in accordance with the approved plan.

(b) It shall be unlawful for any person to clear, grade, excavate, fill, remove topsoil from or change the contour of any land in the city for which an approved erosion and sedimentation control plan is required by this chapter except in accordance with the approved plan.

(c) It shall be unlawful for any person to remove or destroy trees, shrubs, grass, weeds, vegetation, ground cover or other plant life on any land in the city for which an approved erosion and sedimentation control plan is required by this chapter except in accordance with the approved plan.

Sec. 5-4-5 Exceptions.

The provisions of this chapter shall not apply to any construction, reconstruction, repair or alteration of any building or structure when no land is disturbed and no trees, shrubs, grass or vegetation is destroyed or removed, nor to any of the following:

(a) The construction or erection of any building or structure when the disturbed land area of the site is less than 2,500 square feet in size, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.

(b) The alteration of any building or structure when the disturbed land area of the site will be less than 2,500 square feet, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.

(c) The clearing, grading, excavating, filling or changing the contour of, or removing topsoil from, less than 2,500 square feet of land, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.

(d) The clearing, grading, excavating, filling or changing the contour of, or removing topsoil from, less than 2,500 square feet of land, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet or storm sewer on the disturbed land, and further provided the disturbance of the land does not cause sedimentation on land outside the exterior boundaries of the land disturbed.

(e) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover, or other plant life which cover less than 2,500 square feet of land, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.

(f) The planting, trimming, pruning or removal of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life pursuant to chapter 2 of title 6 of this code.

(g) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life which is dead, poisonous or infected with disease or injurious insects or pests.

(h) The gardening and care of lawns.

(i) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life from lots of less than 2,500 square feet on which there now exists a dwelling.

(j) The exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas.

(k) The repair or rebuilding of the tracts, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.

(l) Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the U.S. Army Corps of Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.

(m) Emergency work to protect life, limb or property, and emergency repairs; provided, that, if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.

(n) Individual utility service connections.

(o) Installation, maintenance, or repair of any underground public utility when such activity occurs on an existing hard surfaced road, street, or sidewalk provided the land-disturbing activity is confined to the area of the road, street, or sidewalk which is hard surfaced.

(p) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system.

(q) Surface or deep mining.

(r) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.

(s) Agricultural engineering operations including, but not limited, to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of the Erosion and Sediment Control Law, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and irrigation.

(t) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.

Sec. 5-4-6 Permits not to be issued without approved erosion and sedimentation control plan when plan required by chapter.

(a) No permit shall be issued to construct, erect, or alter any building or structure on any land within the city until a plan has been submitted and approved in accordance with the provisions of this chapter and the applicant has certified in writing that the plan will be followed.

(b) No permit shall be issued to clear, grade, excavate, fill, remove topsoil from or change the contour of any land within the city until a plan has been submitted and approved in accordance with the provisions of this chapter and the applicant has certified in writing that the plan will be followed.

Sec. 5-4-7 Minimum criteria; city handbook.

(a) The director shall administer and enforce the provisions of this chapter.

(b) This chapter, the erosion and sediment control regulations of the Department of Conservation and Recreation Division of Soil and Water Conservation (VR 625-02-00) effective March 22, 1995, [4 VAC 50-30-10 et seq], and the "Virginia Erosion and Sediment Control Handbook, Third Edition, 1992,” which are incorporated herein by reference, shall be an integral part of the city's erosion and sediment control program and shall comprise the city's "Erosion and Sediment Control Handbook." The text of these regulations is on file in the office of the director.

(c) In addition to the minimum requirements for controlling erosion and sedimentation for land-disturbing activities which are contained in VR 625-02-00 §4 [4 VAC 50-30-40], the following additional minimum requirements shall apply:

(1) Protection of adjacent properties.

a. Properties adjacent to the site of a land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins or by a combination of such measures.

b. Vegetated buffer strips may be used alone only where runoff in sheet flow is expected. Buffer strips should be at least 20 feet in width. If at any time it is found that a vegetated buffer strip alone is ineffective in stopping sediment movement onto adjacent property, additional perimeter controls must be provided.

(2) The director may require sediment basins or traps for smaller disturbed areas where deemed necessary. The sediment basin requirement may also be waived if the director agrees that site conditions do not warrant its construction.

(3) Cut and fill slopes. Cut and fill slopes must be designed and constructed in a manner which will minimize erosion. Consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions and other applicable factors. Slopes which are found to be eroding excessively within one year of construction must be provided with additional slope-stabilizing measures until the problem is corrected. The following guidelines are provided to aid site planners and plan reviewers in developing an adequate design.

a. Roughened soil surfaces are generally preferred to smooth surfaces on slopes.

b. Diversions should be constructed at the top of long, steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.

(4) The following additional stormwater management criteria shall apply:

a. A stormwater management plan shall be developed so that, from the site, the postdevelopment peak runoff rate from a two-year and a 10-year storm, considered individually, shall not exceed their respective predevelopment rates. The predevelopment and postdevelopment park runoff rates must be verified by engineering calculations. Within the Four Mile Run Watershed, postdevelopment peak runoff during a 100-year frequency storm shall not increase the peak runoff of the Four Mile Run Flood Control Channel as required by the city's contract with the United States Army Corps of Engineers.

b. 1. Concentrated stormwater runoff leaving a development site must be discharged directly into an adequate channel. If there is no adequate channel one must be constructed to convey stormwater to the nearest adequate channel. Newly constructed channels and conduits carrying a flow of 1,000 or more cubic feet per second shall be designed for a 100-year storm frequency and newly constructed channels and conduits carrying a flow of less than 1,000 cubic feet per second shall be designed for a 10-year storm frequency.

2. An "adequate channel" shall be defined as a natural or man-made channel or pipe which is capable of conveying the runoff from a two-year storm or a 10-year storm, considered individually, without overtopping its banks or eroding after development of the site in question. A receiving channel may also be considered adequate at any point where the total contributing drainage area is at least 100 times greater than the drainage area of the development site in question or, where it can be shown that the peak rate of runoff from the site for a two-year and a 10-year storm, considered individually, will not be increased after development.

3. Runoff rate and channel adequacy must be verified with engineering calculations to the satisfaction of the director.

c. All channel improvements or modifications must comply with all applicable laws and regulations.

d. If the applicant chooses an option which includes stormwater detention, he must provide the city with a plan for maintenance of the detention facilities. The plan shall set forth the maintenance requirements of the facility and the party responsible for performing the maintenance. The responsible party may be an individual, organization or the city, whichever has consented to carry out the maintenance. If the designated maintenance responsibility is with an individual or organization other than the city, a maintenance agreement should be executed between the responsible party and the city.

e. The owner or developer may continue to discharge stormwater that has not been concentrated (sheet flow) onto lower-lying property if:

1. the peak flow rate for a 10-year frequency storm after development does not exceed the predevelopment peak flow rate;

2. the increase in total volumes of runoff caused by the development will not have an adverse impact on the lower-lying property; and

3. there will be no exacerbation of existing drainage problems on the lower-lying or other downhill property.

(5) Stabilization of waterways and outlets. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. Stabilization adequate to prevent erosion must also be provided at the outlets of all pipes and paved channels. Energy dissipators shall be installed as required by the director.

(6) Working in or crossing watercourses. Construction vehicles should be kept out of watercourses to the extent possible. Where in-channel work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) must always be restabilized immediately after in-channel work is completed.

(7) Underground utility lines shall be installed in accordance with the following standard in addition to other applicable criteria: no more than 100 feet of trench are to be opened at one time.

(8) Maintenance. All temporary and permanent erosion and sediment control practices must be maintained and repaired as specified in VR 625-02-00 §6 [4 VAC 50-30-60].

(9) Submission of an Erosion and Sediment Control Plan to the city is a grant of unlimited right of entry to the property to officials or agents of the city for the purposes of determining adequacy of the proposed plan and inspection of land-disturbing activities for compliance with the approved plan.

(d) The "Virginia Erosion and Sediment Control Handbook, Third Edition, 1992" and the tree planting and preservation regulations authorized by § 11-410(CC)(1) of the Zoning Ordinance of the City of Alexandria, and known as the city’s Landscape Guidelines, shall be used by any applicant making a submittal under this chapter and by the director in his or her review and consideration of the adequacy of any erosion and sediment control plan submitted.

Sec. 5-4-8 Erosion and sediment control plans.

(a) Applications for approved erosion and sediment control plans shall be submitted to and filed with the director, on forms prepared by the city, prior to the time any work subject to this chapter is begun on land. Four (4) copies of an erosion and sediment control plan must accompany any application, parts of which shall also be on forms prepared by the city. Upon receipt of an application and plans, the director shall consider the plan in light of the provisions of this chapter and promptly approve the plan, disapprove the plan or approve the plan with modifications, noting thereon any changes that will be required. The director shall promptly notify the applicant of his or her decision on a plan. Any approved plan shall be issued, dated, and bear the manual signature of the director of the department of transportation and environmental services or his or her deputy.

(b) An application shall show the following:

(1) The name, address and telephone number of the applicant.

(2) The name, address and telephone number of the owner of record.

(3) The name, address and telephone number of the person preparing the plan.

(4) The location of the site, including lot number and tax map page number.

(5) The total land area, area being disturbed and proposed amount of previous and impervious area.

(6) Soil types by AASHO classification (or other classifications used by soil engineers), if available.

(7) Method for collecting and depositing storm water.

(8) Test boring and soil test results when:

a. the site is in an area of the city known or suspected by the director to have soil problems or unstable soil;

b. any proposed slope on the site exceeds a grade of 20 percent;

c. the presence of ground water in substantial amounts is known or suspected by the director to be on the site; or

d. unstable soil is known or suspected by the director to be on the site.

(9) Methods for control of contamination of land when the site is in an area found by the director to be contaminated by a toxic substance and hazardous to the public health, safety and welfare. Said methods shall comply and be in accordance with the "Administrative Procedures for Control of Contaminated Land, Alexandria, Virginia," dated October 30, 1976, that were promulgated by the city manager and adopted by the city council on November 23, 1976, by ordinance number 2145. These administrative procedures may be amended or revised from time to time by the city manager with the approval of the city council by motion.

(10) A general description of existing trees, shrubs, grass, weeds, vegetation, ground cover and other plant life.

(11) Any other pertinent information the director may require.

(c) An erosion and sediment control plan shall follow the format of map number 4, plate 6-4 of chapter 6 of the city's erosion and sediment control handbook. The plan shall also include appropriate title blocks, scales and a vicinity map.

(d) Where land-disturbing activities involve lands under the jurisdiction of more than one local control program an erosion and sediment control plan may, at the option of the applicant, be submitted to the Virginia Soil and Water Conservation Board for review and approval rather than to each jurisdiction concerned.

(e) When land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of an erosion control plan shall be the responsibility of the owner.

Sec. 5-4-9 Regulations and restrictions generally.

All erosion and sediment control practices shall be in accordance with the city's erosion and sediment control handbook.

Sec. 5-4-10 Failure of director of transportation and environmental services to act.

Failure of the director to act on any erosion and sedimentation control plan within 45 days after it has been properly filed, unless otherwise agreed with the applicant, should be deemed to constitute approval of the plan.

Sec. 5-4-11 Inspections and amendments of plans.

(a) The plan-approving authority or, where a grading, building or other permit is issued in connection with land-disturbing activities, the permit-issuing authority, shall provide for periodic inspections of the authorized land-disturbing activity or activities and may, in addition, require monitoring and reports from the person responsible for carrying out the approved plan to ensure compliance with the plan and to enable the authority to determine whether the measures required in the plan are effective in controlling erosion and sediment. The owner, occupier or operator shall be notified of the inspection. If the plan-approving or permit-issuing authority determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. Where the plan-approving authority serves such a notice, a copy of the notice shall be sent to the permit-issuing authority. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon receipt of a sworn complaint of a substantial violation of this chapter from the designated enforcement officer, or if land-disturbing activities have commenced without an approved plan, the director may issue an order requiring that all or part of the land-disturbing activity on the site be stopped until the specified corrective measures have been taken. Where the identified non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth, drainage systems discharging into such waters, or lower-lying property, or where the land-disturbing activities have commenced without an approved plan or any required permits, a stop-work order may be issued whether or not the permittee has been issued a notice to comply. Otherwise, such an order may be issued only after the permittee has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the enforcing authority or alleged violator for appropriate relief to the circuit court. If the alleged violator has not obtained an approved plan or all of the required permits within seven days from the date of service of the order, the director may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Upon completion and acceptance of the corrective action, or obtaining an approved plan or any required permits the order shall be immediately lifted. Upon failure to comply with such measures within the time specified, the permit may be revoked, and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided in section 5-4-18.

(b) The director may authorize amendments consistent with the requirements of this chapter to an approved plan when inspection has revealed that the plan is inadequate to satisfy applicable regulations or when the person responsible for carrying out the plan finds that because of changed circumstances or changed conditions the plan cannot be carried out effectively.

Sec. 5-4-12 Guarantee of performance of plans.

A corporate surety bond, letter of credit, certificate of deposit or similar financial guarantee approved by the city attorney, conditioned upon carrying out all and every part of an approved erosion and sedimentation control plan and upon satisfaction of the guarantee required by section 5-4-13 of this chapter for at least the sum estimated to be the full costs of carrying out the plan, or a cash escrow, upon the same conditions and in the same amount, shall be furnished the city whenever such costs exceed $500.

Sec. 5-4-13 Acceptance of performance.

Upon completion of adequate stabilization of an approved erosion and sedimentation control plan, the permittee shall notify the director of such completion. The director shall then inspect the work and planting and, upon his determination that they are in compliance with the approved plan, he shall issue a letter of preliminary acceptance. A condition of any such preliminary acceptance shall be that the permittee guarantee all erosion and sedimentation control work for a period of one year from the date of its preliminary acceptance, or for a period of one year from any repair or replanting ordered by the director, or until such time that all control structures and a minimum of 90 percent of all plantings shall have survived for a year without need of further replanting or repair. During the one year period of the guarantee, the director may order in writing such replanting or repair work as shall be deemed necessary to enforce compliance with the approved plan or the guarantee. Such an order shall serve to revoke the preliminary acceptance and shall cause the permittee to renew the guarantee for an additional one year from the date of replanting or repair. Final acceptance shall occur when preliminary acceptance has remained unrevoked for a period of one year, or when all control structures and a minimum of 90 percent of all plants have survived for a period of one year without need of further replanting or repair. For purposes of this section, normal cleaning of silt basins alone shall not be construed to be repair work.

Sec. 5-4-14 Noncompliance and corrective actions.

(a) In the course of making on-site inspections, should the director determine that active erosion and sediment control measures are not in compliance with the approved plan, he shall verbally notify the responsible contractor to take appropriate corrective measures.

(b) Written confirmation of this notice to comply shall be sent, by certified mail, to the applicant for the erosion and sedimental control permit or hand-delivered at the site of the land-disturbing activities to the agent or employee supervising such activities, citing a detailed description of the conservation measures necessary for compliance.

(c) When no action is taken within 48 hours of delivery of notice to comply, the director shall send the applicant, by certified mail, a letter of intent to utilize the performance bond or cash escrow to apply the conservation measures to correct the deficiency if it has not otherwise been corrected by a specified time.

(d) If no action has been taken by the time specified, the director shall proceed to have the deficiency corrected and he shall keep a close account of all related expenses which shall be charged to and paid from the applicant's performance bond or escrow account. If the director takes such conservation action upon such failure by the permittee, the director may collect from the permittee the difference, should the amount of reasonable cost of such action exceed the amount of the security held.

Sec. 5-4-15 Time of validity of erosion and sediment control plans.

(a) Any approved erosion and sedimentation control plan shall become null and void 180 days after the date of approval and no further work subject to this chapter shall be allowed unless and until an additional or updated erosion and sediment control plan has been submitted and approved in accordance with the provisions of this chapter or unless all requirements of the approved control plan have been completed in less than 180 days in accord with said plan and verified by an on-site inspection by the director.

(b) When no change in conditions has occurred since the date of approval, an update plan shall be approved in accordance with the provisions of this chapter with no additional requirements.

Sec. 5-4-16 Waiver.

The city manager may, for good cause shown, waive the provisions of chapter 4 of this title that require an approved erosion and sediment control plan, provided:

(1) written application is made, and

(2) the director states in writing that such a waiver will not result in increased erosion or sedimentation or violate the general principles of good erosion and sediment control management.

Sec. 5-4-17 Relation of chapter to other laws.

The provisions contained in this chapter shall be considered separate from, supplemental to and additional to the provisions contained in chapter 1 of title 8, elsewhere in this code, in the Zoning Ordinance of the City of Alexandria, or in other city ordinances. Nothing contained in this chapter shall excuse any person from compliance with all other applicable provisions of this code the Zoning Ordinance of the City of Alexandria, or other city ordinances.

Sec. 5-4-18 Penalty.

Any person violating the provisions of this chapter shall, upon conviction, be guilty of a Class 1 misdemeanor . Each day's violation shall constitute a separate offense. Violations of the provisions of this chapter may also be restrained, prohibited or enjoined by appropriate proceedings.

Sec. 5-4-19 Administrative appeal.

Final decisions to disapprove an erosion and sedimentation control plan by the director shall be in writing and subject to review by the city manager, provided the applicant or his duty authorized agent files a written notice of appeal with the city manager within 30 days from the date of the written final decision of disapproval.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY Mayor

Introduction: 3/14/00
First Reading: 3/14/00
Publication: 3/16/00
Public Hearing: 3/18/00
Second Reading: 3/18/00
Final Passage: 3/18/00

* * * * *

31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment for two brick piers for entrance signs on the public right-of-way at the intersection of Kennedy Street and Mount Vernon Avenue. (#22 3/14/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on the docket item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Speck "aye" Euille "aye"
Walker "aye" Cleveland out of room
Donley "aye" Pepper "aye"
Rich "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4112

AN ORDINANCE authorizing Warwick Village Civic Association to establish and maintain an encroachment into the public right-of-way at the intersection of Kennedy Street and Mount Vernon Avenue, in the City of Alexandria, Virginia.

WHEREAS, Warwick Village Civic Association desires to establish and maintain, and has applied for, an encroachment into the right-of-way at 1 Kennedy Street and 2 Kennedy Street, which encroachment shall consist of two identical brick piers (one on each side of Kennedy Street) each of which is approximately (i) 2 feet deep, (ii) 2 feet wide, and (iii) 6 feet, 4 inches tall; and each of which is located in the public right-of-way approximately 5 feet at its closest point to the curb of Kennedy Street and approximately 17 feet at its closest point to the curb of Mount Vernon Avenue; and

WHEREAS, the requested encroachment will not obstruct or narrow the public sidewalk adjacent to it, and the public right-of-way in front of 1 Kennedy Street and 2 Kennedy Street will not be impaired significantly by the requested encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the City Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Warwick Village Civic Association and its successors in interest (hereafter collectively the "Applicant") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 1 Kennedy Street and 2 Kennedy Street in the City of Alexandria, said encroachment consisting of two identical brick piers (one on each side of Kennedy Street) each of which is approximately (i) 2 feet deep, (ii) 2 feet wide, and (iii) 6 feet, 4 inches tall; and each of which is located in the public right-of-way approximately 5 feet at its closest point to the curb of Kennedy Street and approximately 17 feet at its closest point to the curb of Mount Vernon Avenue, all as more particularly shown on the partial site plan and design and construction drawings attached hereto, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Applicant of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment described in Section 1 shall be subject to and conditioned upon Applicant maintaining at all times and at its own expense liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1 million each occurrence
$1 million aggregate

Property Damage: $1 million each occurrence
$1 million aggregate

This liability insurance policy shall identify the City of Alexandria and Applicant as named insurers and shall provide for the indemnification of the City of Alexandria and Applicant against any and all loss, liability and costs related thereto, including attorneys’ fees, occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed annually with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event that this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Applicant shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Applicant. Nothing in this section shall relieve Applicant of her obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and maintaining the encroachment, Applicant shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all loss and liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be conditioned upon the Applicant (i) placing the piers so that neither one interferes with existing underground facilities, including but not limited to the storm sewer adjacent to the proposed pier location on the south side of Kennedy Street, and (ii) maintaining both piers.

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands that Applicant remove the encroachment. Said removal shall be completed within sixty days of the date of the notification and shall be accomplished by Applicant without cost to the city. If Applicant cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Applicant, and shall not be liable to Applicant for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment: Site Plan and Drawings

Introduction: 3/14/00
First Reading: 3/14/00
Publication: 3/16/00
Public Hearing: 3/18/00
Second Reading: 3/18/00
Final Passage: 3/18/00

* * * * *

Plat -- Page 1

Page 2

Page 3

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of-way, consisting of 599 square feet, adjacent to the southern boundary of the property located at 111 Franklin Street. (#24 3/14/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland out of room
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck out of room

Council Member Rich asked for reconsideration of this item due to a conflict of interest.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council reconsidered docket item no. 32. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"

Council Member Rich stated for the record that he has a conflict of interest. After a discussion with the City Attorney, it was determined that he was precluded from participation in this and, therefore, recused himself.

WHEREUPON, upon motion by Councilman Walker, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Walker "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich did not vote
Speck out of room

The ordinance finally passed reads as follows:

ORDINANCE NO. 4113

AN ORDINANCE to vacate a portion of the public street right-of-way adjacent to the southern boundary of the property located at 111 Franklin Street in the City of Alexandria, Virginia.

WHEREAS, Michele J. Boggs (“Applicant”), who owns the property at 111 Franklin Street in the City of Alexandria, Virginia, has applied for the vacation of a portion of the Franklin Street public right-of-way that is located along the southern edge of the parcel; and

WHEREAS, the portion of the Franklin Street public right-of-way sought to be vacated is shown on the plat, prepared by Alexandria Surveys, Inc., and dated December 13, 1999, (“Plat”) that is attached hereto as Attachment 1; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and

WHEREAS, the city's real estate assessor has determined that the fair market value of said portion of the Franklin Street public right-of-way is $7,000; and

WHEREAS, pursuant to § 15.2-2008 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, said portion of the public right-of-way to be vacated by this ordinance be purchased by the Applicant for the fair market value, as determined by the city's real estate assessor; and

WHEREAS, in consideration of the report of the viewers, of other evidence relative thereto and of the Applicant’s agreement to comply with the conditions set forth below and the condition that it purchase said portion of the Franklin Street public right-of-way at the fair market value price, the Council of the City of Alexandria has concluded that said portion of the Franklin Street public right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the portion of the Franklin Street public right-of-way, as shown on the Plat and as described below, be, and the same hereby is, vacated:

Beginning at a point in the northerly right-of-way line of Franklin Street, at the intersection of the easterly right-of-way line of Pommander Walk Street; thence with the north right-of-way line of Franklin Street south 81 degrees 9 minutes 00 seconds east, 30 feet to a point; thence running through Franklin Street south 9 degrees 30 minutes 00 seconds west, 20.07 feet to a point; thence north 80 degrees 49 minutes 00 seconds west, 30 feet to a point; thence north 9 degrees 30 minutes 00 seconds east, 19.90 feet to the point of beginning, containing 599 square feet.

Section 2. That this vacation be, and hereby is, subject to the conditions set forth below:

(a) Applicant shall pay $7,000, the fair market value as determined by the Office of Real Estate Assessments, for the area to be vacated.

(b) Applicant shall consolidate the area to be vacated into the adjoining property at 111 Franklin Street and provide the zoning administrator with a plat of consolidation prior to recordation of this ordinance.

(c) Easements shall be reserved for all existing public and private utilities within the area to be vacated.

(d) Within the vacated land area, the applicant shall construct only those improvements shown on the plan submitted with special use permit #99-0159, or those minor revisions to that plan that are allowed by the director of planning and zoning.

(e) Construction of a building on the vacated land area is prohibited.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment referenced in section 2(a) above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in section 2 have been satisfied, including the placement of a notation on the face of this ordinance as required by section 2(a), and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above in section 2(a) has been made to the city and the other conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of MICHELE J. BOGGS, and such recordation shall be done by the Applicant at her own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 3/14/00
First Reading: 3/14/00
Publication: 3/16/00
Public Hearing: 3/18/00
Second Reading: 3/18/00
Final Passage: 3/18/00

* * * * *

Plat

33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way at 111 Franklin Street, to construct a two-step entrance stair and landing. (#25 3/14/00) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

Council Member Rich stated for the record that he has a conflict of interest. After a discussion with the City Attorney, it was determined that he was precluded from participation in this and, therefore, recused himself.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich did not vote
Donley "aye" Speck out of room
Walker "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4114

AN ORDINANCE authorizing the owner of the property located at 111 Franklin Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way of Pommander Walk Street, in the City of Alexandria, Virginia.

WHEREAS, Michele J. Boggs is the owner of the property located at 111 Franklin Street in the City of Alexandria, Virginia (the "Property"); and

WHEREAS, Michele J. Boggs desires to establish and maintain, and has applied for, an encroachment into the right-of-way at Pommander Walk Street, which encroachment shall consist of a two-step entrance stair and landing; and which will encroach approximately 5 feet into the public right-of-way for a distance of approximately 15 feet; and

WHEREAS, the public right-of-way at Pommander Walk Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the City Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Michele J. Boggs and her successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way at Pommander Walk Street in the City of Alexandria, said encroachment consisting of a two-step entrance stair and landing that will encroach approximately 5 feet into the public right-of-way for a distance of approximately 15 feet, all as more particularly shown on the partial site plan and design and construction drawings attached hereto, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment described in section 1 shall be subject to and conditioned upon Owner maintaining at all times and at its own expense liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1 million each occurrence
$1 million aggregate

Property Damage: $1 million each occurrence
$1 million aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insurers and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss, liability and costs related thereto, including attorneys’ fees, occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed annually with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event that this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of her obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and maintaining the encroachment, Owner shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all loss and liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be conditioned upon the Owner obtaining the approval of the Board of Architectural Review for the specific design of the stair and landing prior to constructing it.

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands that Owner remove the encroachment. Said removal shall be completed within sixty days of the date of the notification and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment: Site Plan and Drawings

Introduction: 3/14/00
First Reading: 3/14/00
Publication: 3/16/00
Public Hearing: 3/18/00
Second Reading: 3/18/00
Final Passage: 3/18/00

* * * * *

Plat

Plat

34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the construction of a family mausoleum on private property in the vicinity of Eisenhower Avenue and Taylor Drive. (#26 3/14/00) [ROLL-CALL VOTE]

(A copy of the Acting City Attorney's memorandum dated March 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 3/18/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:

ORDINANCE NO. 4115

AN ORDINANCE authorizing and approving the construction of a family mausoleum on private property in the vicinity of Eisenhower Avenue and Taylor Drive, in the City of Alexandria, Virginia.

WHEREAS, the Hoffman Family, L.L.C. has applied for permission to construct a private family mausoleum on property owned by the Hoffman Family, L.L.C. in the vicinity of Eisenhower Avenue and Taylor Drive, in the City of Alexandria, Virginia, and more particularly described as a portion of Tax Map Parcel No. 72.00-04-06; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; and

WHEREAS, it has been determined by the City Council of the City of Alexandria that construction of the said family mausoleum is not detrimental to the public interest; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Hoffman Family, L.L.C., be, and the same hereby is, authorized to construct and maintain a private family mausoleum on property owned by the Hoffman Family, L.L.C. in the vicinity of Eisenhower Avenue and Taylor Drive, in the City of Alexandria, Virginia, and more particularly described as a portion of Tax Map Parcel No. 72.00-04-06.

Section 2. That the mausoleum so authorized be constructed and maintained in substantial conformity to the plot plan entitled “Hoffman Center Crypt Family Mausoleum,” prepared by Christopher Consultants, Ltd., and dated June 24, 1999, and the associated architectural drawings, copies of which are attached hereto and incorporated herein by reference.

Section 3. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment: Plot Plan and Drawings

Introduction: 3/14/00
First Reading: 3/14/00
Publication: 3/16/00
Public Hearing: 3/18/00
Second Reading: 3/18/00
Final Passage: 3/18/00

* * * * *

Page 1

Page 2

Page 3

Page 4

Page 5

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review
Old and Historic Alexandria District

35. CASE BAR-99-0140 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on January 19, 2000, granting a request for approval of an addition and alterations to 305 North Saint Asaph Street, zoned RM Residential. Applicant: Andrew J. Stewart. Appellant: Stephen G. and Anne Elizabeth Tom, on behalf of petitioners.

BOARD ACTION: Approved as submitted 4-2

(A copy of the letter of withdrawal dated March 13, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 3/18/00, and is incorporated herewith as part of this record by reference.)

Without objection, City Council noted the withdrawal of the appeal.

36. CASE BAR-2000-0005 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on February 16, 2000, denying a request for approval of the capsulation and demolition of portions of 200 Duke Street, zoned RM Residential. Applicant: Robert B. Adams. Appellants: James B. Fleming and Sheila M. Onsrud.

BOARD ACTION: Denied 6-0

(A copy of the letter of withdrawal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 36 and 37; 3/18/00, and is incorporated herewith as part of this record by reference.

A copy of the appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 36; 3/18/00, and is incorporated herewith as part of this record by reference.)

Without objection, City Council noted the withdrawal of the appeal.

37. CASE BAR-2000-0006 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on February 16, 2000, denying a request for approval of additions and a dormer to be constructed at 200 Duke Street, zoned RM Residential. Applicant: Robert B. Adams. Appellants: James B. Fleming and Sheila M. Onsrud.

BOARD ACTION: Denied 6-0

(A copy of the appeal is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 37; 3/18/00, and is incorporated herewith as part of this record by reference.)

Without objection, City Council noted the withdrawal of the appeal.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (38-43)

Planning Commission (continued)

38. TEXT AMENDMENT #2000-006 -- COORDINATED DEVELOPMENT -- DISTRICT HEIGHT -- Public Hearing and Consideration of an amendment to Section 12-600(B)(5) of the zoning ordinance to allow changes to a CO special use permit in a coordinated development district in order to allow an increase in height for the Patent and Trademark Office (PTO) building at Carlyle.

Note: This Text Amendment will be heard at the Special Meeting on the PTO Proposal on Tuesday, March 21, 2000, at 5:00 p.m.

39. TEXT AMENDMENT #2000-0001 -- RESIDENTIAL GROUP HOMES -- Public Hearing and Consideration of an amendment to Section 2-143 (C) of the Zoning Ordinance concerning residential group homes licensed by the State of Virginia Department of Social Services.

COMMISSION ACTION: Deferred (By request)

40. DEVELOPMENT SPECIAL USE PERMIT #2000-0003 -- 2826 KING ST -- KING'S CLOISTER -- Public Hearing and Consideration of a request for amendment to a development special use permit to allow construction of retaining walls; zoned R-8/Residential. Applicant: Seneca, LC, by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred (Staff's request)

41. SPECIAL USE PERMIT #2000-0003 -- 1302 MT VERNON AV -- SOUTH CHINA RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CL/Commercial Low. Applicant: Wing Cheun Chan.

COMMISSION ACTION: Deferred (Improper notice)

42. SPECIAL USE PERMIT #2000-0010 -- 1 MADISON ST -- ATLANTIC CANOE & KAYAK CO -- Public Hearing and Consideration of a request for a special use permit for a kayak docking facility; zoned WPR/Waterfront Parks and Recreation. Applicant: Atlantic Canoe and Kayak Company, by Judy Lathrop.

COMMISSION ACTION: Deferred (Applicant's request)

For Informational Purposes Only

43. CITY CHARTER, SECTION 9.06, CASE #99-0004 -- 4001 EISENHOWER AV -- ALEXANDRIA ANIMAL SHELTER -- Public Hearing and Consideration of a proposal by the City of Alexandria to use public land for an animal shelter, pursuant to the provisions of Section 9.06 of the City Charter.

COMMISSION ACTION: Approved 6-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals and the informational item.

ORDINANCES AND RESOLUTIONS (continued)

44. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the noise regulations of the city code to prohibit pile driving except between the hours of 9 a.m. to 6 p.m., Monday through Friday, and 10 a.m. to 4 p.m., Saturday.

(A copy of the City Manager's memorandum dated March 15, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 3/18/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, March 28, 2000. The voting was as follows:

Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 3:25 p.m., the Public Hearing Meeting of Saturday, March 18, 2000, was adjourned. The voting was as follows:

Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"

* * * * *

__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:

_____________________________________________
Beverly I. Jett, CMC City Clerk

* * * * *

Note: After the adjournment of the Meeting, City Council held its Work Session to Discuss the King Street Underpass, a Virginia Department of Transportation Project.

The Work Session was concluded at 4: 25 p.m.

* * * * *

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.

* * * * *

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

* * * * *

Public Notice

There will be a City Council Work Session on the Proposed Budget on Thursday, March 23, 2000, at 7:30 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

* * * * *